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3 year old child taken...

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Swt9

Junior Member
What is the name of your state (only U.S. law)? TX

A friend shares joint custody of their 3 yr old with his ex. The ex took the child and my friend is afraid for their child, does not know where the ex has taken him, wants to find him as soon as possible obviously..

Does it sound right that when they reported this to the police they were told there was nothing they can do without her address?

I understand the police gave them a case # showing they reported it, and told them to take it to court.

I would have thought an arrest warrant and/or Amber alert would be issued immediately, especially since the ex has had documented run-ins with law enforcement in the past.
 


justalayman

Senior Member
shared legal or physical custody? If there is a residential home, is it your friends or the mother's?


is there visitation in place for the mother? If so, what is the schedule?


Does it sound right that when they reported this to the police they were told there was nothing they can do without her address?
why wouldn't your friend have the mother's address?



and when you say she took the child, explain the circumstances.
 

Swt9

Junior Member
shared legal or physical custody? If there is a residential home, is it your friends or the mother's?


is there visitation in place for the mother? If so, what is the schedule?



why wouldn't your friend have the mother's address?



and when you say she took the child, explain the circumstances.
I meant the ex's new address, she moved. I relayed the questions and received this answer...

Joint legal and physical custody. There is not a specified time and date for the split times, but he has kept his son Mon-Fri and her on the weekends for over a year. 2 weeks ago when she came to get the child she told him she was moving. She refused to give him the address. When it came time for the child to come home she texted him and said she had decided that the child was no longer coming to his house because she didn't feel respected by him as a mother. She let him talk to the child after a week and a half. But since then she has ignored his phone calls and text messages. Today when he called the phone had been shut off.

Thanks for your time.
 

Proserpina

Senior Member
I meant the ex's new address, she moved. I relayed the questions and received this answer...

Joint legal and physical custody. There is not a specified time and date for the split times, but he has kept his son Mon-Fri and her on the weekends for over a year. 2 weeks ago when she came to get the child she told him she was moving. She refused to give him the address. When it came time for the child to come home she texted him and said she had decided that the child was no longer coming to his house because she didn't feel respected by him as a mother. She let him talk to the child after a week and a half. But since then she has ignored his phone calls and text messages. Today when he called the phone had been shut off.

Thanks for your time.
He needs to get himself an attorney desperately. If all else fails though he can try obtaining an ex parte (emergency) order.

Mom is not going to like the outcome. Did he save the texts on his phone?
 

Swt9

Junior Member
He needs to get himself an attorney desperately. If all else fails though he can try obtaining an ex parte (emergency) order.

Mom is not going to like the outcome. Did he save the texts on his phone?
Yes he saved the texts and phone call. They are young and a have low incomes, I guess the ex parte order requires a lawyer? Are their legal resources available for low-income families I wonder? I feel really bad for them, and they are so worried. The one call he got the child cried for his Daddy, and complained of a stomach ache.

I don't understand why a warrant wasn't issued for her for breaking court oreders, or even an Amber Alert.
 

I'mTheFather

Senior Member
Yes he saved the texts and phone call. They are young and a have low incomes, I guess the ex parte order requires a lawyer? Are their legal resources available for low-income families I wonder? I feel really bad for them, and they are so worried. The one call he got the child cried for his Daddy, and complained of a stomach ache.

I don't understand why a warrant wasn't issued for her for breaking court oreders, or even an Amber Alert.
Which court order did she break?
 

justalayman

Senior Member
Joint legal and physical custody. There is not a specified time and date for the split times, but he has kept his son Mon-Fri and her on the weekends for over a year.
so either parent has a right to have the child at any and all times. That is why the cops said to take it to family court. They cannot do anything unless there is reason to believe the child is in danger.

even if they were face to face with the mother they could not require her to relinquish the child to the father. She did nothing criminal and depending on how the family court order was written, may not have done anything wrong there either.
 
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Swt9

Junior Member
so either parent has a right to have the child at any and all times. That is why the cops said to take it to family court. They cannot do anything unless there is reason to believe the child is in danger.
Oh oh oh I didn't really understand that, thank you. Does make more sense now.
 

BL

Senior Member
Talk to the district Attorney's Office. Call missing and exploded children. Call cild find of america. You're rights under the law have been violated.
 

justalayman

Senior Member
Talk to the district Attorney's Office. Call missing and exploded children. Call cild find of america. You're rights under the law have been violated.
how is that? They have equal rights to physical custody, at least per the OP's statement and there is no visitation schedule in place. That means either parent has a right to have the child with them at any given time with neither parent being able to require the other parent to relinquish custody at any time.


but seriously, missing and EXPLODED children?
 

stealth2

Under the Radar Member
Talk to the district Attorney's Office. Call missing and exploded children. Call cild find of america. You're rights under the law have been violated.
OP's rights have NOT been violated. S/he has no rights wrt someone else's child.
 

BL

Senior Member
While I had each State Laws on Joint legal Custody ( in some State's it's a felony to interfere with what the poster said , my laptop crapped out and no backup . Missing and exploited children can hook the poster with his State's clearing house to get a thick pamphlet on his options.

I've been there done that

As I said police won't intervene , district attorney may .

I used child find of America to track it down.

Ok the poster don't but the parent does.

Yes an immediate order to return the child to the State.
 
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justalayman

Senior Member
BL;3326678]While I had each State Laws on Joint legal Custody
but don't stop there. I asked if it was joint legal or joint physical custody and the response was:


Joint legal and physical custody.

and when asking about any specified visitation schedule:

There is not a specified time and date for the split times,
so, unless you have got something else, the mother is not in violation of any order i.e. done nothing illegal.
 

TheGeekess

Keeper of the Kraken
Yes he saved the texts and phone call. They are young and a have low incomes, I guess the ex parte order requires a lawyer? Are their legal resources available for low-income families I wonder? I feel really bad for them, and they are so worried. The one call he got the child cried for his Daddy, and complained of a stomach ache.

I don't understand why a warrant wasn't issued for her for breaking court oreders, or even an Amber Alert.
Because that's not what Amber Alerts are for.
Guidelines for Issuing AMBER Alerts

Every successful AMBER plan contains clearly defined activation criteria. The following guidance is designed to achieve a uniform, interoperable network of plans across the country, and to minimize potentially deadly delays because of confusion among varying jurisdictions. The following are criteria recommendations:

Law Enforcement Confirms an Abduction


AMBER plans require law enforcement to confirm an abduction prior to issuing an alert. This is essential when determining the level of risk to the child. Clearly, stranger abductions are the most dangerous for children and thus are primary to the mission of an AMBER Alert. To allow activations in the absence of significant information that an abduction has occurred could lead to abuse of the system and ultimately weaken its effectiveness. At the same time, each case must be appraised on its own merits and a judgment call made quickly. Law enforcement must understand that a “best judgment” approach, based on the evidence, is appropriate and necessary.

Risk of Serious Bodily Injury or Death


Plans require a child be at risk for serious bodily harm or death before an alert can be issued. This element is clearly related to law enforcement’s recognition that stranger abductions represent the greatest danger to children. The need for timely, accurate information based on strict and clearly understood criteria is critical, again keeping in mind the “best judgment” approach.

Sufficient Descriptive Information


For an AMBER Alert to be effective in recovering a missing child, the law enforcement agency must have enough information to believe that an immediate broadcast to the public will enhance the efforts of law enforcement to locate the child and apprehend the suspect. This element requires as much descriptive information as possible about the abducted child and the abduction, as well as descriptive information about the suspect and the suspect’s vehicle. Issuing alerts in the absence of significant information that an abduction has occurred could lead to abuse of the system and ultimately weaken its effectiveness.

Age of Child

Every state adopt the “17 years of age or younger” standard; or, at a minimum, agree to honor the request of any other state to issue an AMBER Alert, even if the case does not meet the responding state’s age criterion, as long as it meets the age criterion of the requesting state. Most AMBER plans call for activation of the alert for children under a certain age. The problem is that age can vary---some plans specify 10, some 12, some 14, 15, and 16. Differences in age requirements create confusion when an activation requires multiple alerts across states and jurisdictions. Overuse of the AMBER Alert system will undermine its effectiveness as a tool for recovering abducted children.
http://www.amberalert.gov/guidelines.htm
 

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